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Sometimes, when our clients who are holders of a student authorization finish their studies and want to continue their education, they come to us to ask if they should apply for an extension of their student stay or apply for a new initial authorization. This is an excellent question, since the regulations do not provide an answer to this question and it is necessary to turn to other sources.
In this article we will answer this frequently asked question.
2. On what does it depend?
In order to know whether a request for extension or a new initial authorization is necessary, it is required to refer to article 37.1 of the Immigration Regulations. In said article we can observe several circumstances that give rise to the possibility of requesting an authorization for students, namely:
a) Carrying out or extending studies in an authorized educational center in Spain, in a full-time program, leading to obtaining a degree or certificate of studies.
b) Carrying out research or training activities, notwithstanding the special regime for researchers.
c) Participation in a student mobility program, to follow a secondary education and/or high school program in an officially recognized educational or scientific center.
d) Carrying out a non-working internship in a public or private organization or entity.
e) Provision of a volunteer service within a program that pursues objectives of general interest.
In case the extension of our stay for studies implies a jump between the above-mentioned categories (for example, we are in case a and we want to change to case b) it is necessary to request a new initial authorization for students. On the other hand, if we continue in the same category (we are currently in case a and we want to remain in that category) we will apply for an extension of stay for studies.